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(영문) 부산가정법원 2017.12.12.자 2017느단200461 심판
양육비변경심판청구
Cases

2017Dives 200461 Request for change of child support

Claimant

A (1972 People's Republic of Korea, South

2. Address;

Place of service

Attorney Lee Do-young

Attorney Lee Jae-soo

Other Party

B. (1965,000)

Busan Address

Law Firm Doz.

Principal of the case

A (B) 201. Written 2001

same as the other party to the address.

Imposition of Judgment

December 12, 2017

Text

1. The appeal of this case is dismissed.

2. Trial costs shall be borne by the claimant.

Purport of claim

On June 27, 2017, this Court 2017*** * 1.7 million each month from the date following the date of delivery of a copy of the instant request to the other party at the expense of the principal of the case, the provisions concerning child support in the protocol of mediation of June 27, 2017 are amended as follows. The claimant shall pay to the other party 1.7 million won each month from September 2, 2020.

Reasons

1. Basic facts

A. On October 1997, the claimant and the other party completed the marriage report and had the principal of the case living under the chain of the case.

B. On June 27, 2017, the date of the conciliation of the instant case, the claimant filed an application for divorce against the other party (hereinafter referred to as this Court 20174**) with the court **. On June 27, 2017, the conciliation of the instant case (hereinafter referred to as “instant conciliation”), and the conciliation protocol (hereinafter referred to as “instant conciliation protocol”) was prepared.

○ The claimant and the other party shall be divorced.

○ A person with parental authority over the principal of the case shall jointly designate the applicant and the other party, and designate the other party as the custodian.

○ The claimant shall pay to the other party the full amount of 3,00,000 won as the 26th day of each month from July 2017 to December 2023 * from the date of the instant principal’s child support to the other party. In addition, the claimant shall pay to the other party the full amount of the money paid under the name of the principal of the case in the name of the principal of the case without delay (the full amount of money paid by the company for the school expenses of the principal of the case regardless of the time of entrance into the private teaching institute).

. . T. and .. (hereinafter referred to as ..) .....

C. On July 10, 2017, the claimant completed a marriage report with a foreign soldier on July 10, 2017, for which long time had not yet passed after the divorce mediation was completed with the other party, and Byung has a child other than his/her claim (the birth on March 28, 200) and a non-claim (the birth on July 19, 200).

2. The claimant's assertion and judgment

A. The claimant's monthly salary average is 7.7 million won, and there was a change of circumstances in which the claimant had three dependents who had to take care of a new family after divorce. Thus, the claimant asserts that the amount and payment deadline of the child support for the principal of the case as stated in the instant protocol of mediation of this case should be reduced and changed as stated in the purport of the claim.

B. Determination

5) In light of the above facts and the overall purport of the examination, the claimant filed an appeal for the reduction of the child support of this case on August 14, 2017, which was about 20 months after the date of the mediation of this case and about 3 months after the date of the examination of this case, and the fact that the claimant had no change in occupation as at the time of the mediation of this case or the request for the adjudication of this case *** the one-year salary and bonus of 210 million won in total (the average 7.7 million won per month) of the claimant's child support for 20 years after the date of the mediation of this case, and the fact that the claimant had no change in occupation as at the time of the mediation of this case and 7 months after the date of the mediation of this case, it is difficult to view that the claimant did not have any change in the situation that the plaintiff's child support had to have any effect on the remaining amount of 7 months after the mediation of this case's child support of this case.

3. Conclusion

Therefore, the petitioner's request for adjudication of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges

Judges Park Jong-sung

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